G.F. Galaxy Corp. v. Johnson

INTRODUCTION

Appellant G.F. Galaxy Corporation (Galaxy) appeals from an order granting with prejudice Phuoc Lee Johnson’s motion to tax postjudgment

costs under Code of Civil Procedure section 685.070, subdivision (c). 1 Galaxy had secured a default judgment against Johnson in the instant action and sought by way of a second action to prevent Johnson from transferring assets that might otherwise be available to satisfy the judgment. While the second action remained pending, Galaxy filed a cost memorandum in this case pursuant to section 685.040. Therein, it requested the attorney fees and costs it incurred during the first two years of its efforts to enforce the judgment. The costs derived primarily from the second action. In response, Johnson filed a motion to tax costs seeking to strike the attorney fees and most of the postjudgment costs Galaxy sought. The trial court concluded that a judgment creditor may not claim attorney fees and costs incurred in a separate action before it has prevailed in that action. Because Galaxy’s second action remained ongoing, the trial court granted the motion to tax costs with prejudice, noting that Galaxy could “seek any potential fees or…